Court Allows Consideration of Exceptional Circumstances for Prisoners Convicted under Section 376DA IPC
In a landmark judgment, the Rajasthan High Court has set a significant precedent regarding the eligibility of prisoners for admission to Open Air Camps under the Rajasthan Prisoners Open Air Camp Rules, 1972. The court, presided over by Justices Farjand Ali and Sandeep Shah, ruled that the phrase "ordinarily be not eligible" in Rule 3(d) does not impose an absolute bar, allowing for exceptions based on special circumstances.
The case involved petitioner Vijayraj Alias Bijaram, who was convicted under Sections 363, 366A, 376DA, and 506 of the Indian Penal Code, in conjunction with the POCSO Act, and sentenced to life imprisonment. His application for admission to an Open Air Camp was initially rejected by the Committee, citing Rule 3(d) of the 1972 Rules which lists ineligibility criteria based on certain convictions.
The petitioner's counsel argued that despite the conviction under Section 376DA IPC, the rules' wording implies potential exceptions, as previously interpreted by a Division Bench in "Sandeep v. State of Rajasthan," which emphasized the need for evaluating special circumstances on a case-by-case basis.
The court concurred with this interpretation, asserting that special circumstances, if presented, must be considered by the Committee. The judgment remits the case back to the Committee for re-evaluation, instructing them to consider any exceptional circumstances that might warrant a deviation from the general ineligibility criteria.
This decision underscores a more nuanced approach to prisoner rehabilitation and reintegration policies, potentially impacting numerous cases where rigid application of eligibility rules might have previously barred consideration of individual circumstances.
Bottom Line:
Rajasthan Prisoners Open Air Camp Rules, 1972 - Rule 3(d) - Conviction under Section 376DA IPC does not create an absolute bar for consideration for admission to Open Air Camp - The phrase "ordinarily be not eligible" should be interpreted to allow exceptions based on special or exceptional circumstances.
Statutory provision(s): Rajasthan Prisoners Open Air Camp Rules, 1972 - Rule 3(d), Section 376DA IPC
Vijayraj Alias Bijaram v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc id # 2867229
